Council Office

Alder Rummel’s Updates

D6 Items of Interest Week of March 6, 2017

March 5, 2017 11:18 PM

Highlights: The Olbrich Biergarten proposed alcohol license (#5) and lease agreement (#34) for BKM Group LLC will be reviewed together at Tuesday's Common Council meeting. The ALRC and the Board of Park Commissioners received hundreds of emails and many dozens of people attended several public hearings to share their opinion on the proposed use. If you plan to attend and want to speak on both items, the Council president will recommend to the Mayor that we allow speakers 8 minutes to speak. I have read most of the emails in legistar. D6 residents have written in support and opposition in fairly equal numbers. I am concerned that the RFP process expressly prohibited alcohol sales in a "sample agreement" attached to the RFP, yet BKM was selected with a proposal for a biergarten in a park where alcohol was banned in 2015, without any public engagement process with the neighborhood and park users before the RFP was issued. If, as a result of engagement with stakeholders about how to use the beach house, the biergarten concept is vetted and the policy and zoning questions about the city permitting a licensed alcohol establishment in a public park is resolved, an RFP could be issued seeking vendors with "demonstrated success managing a responsible alcohol service" (from the Breese Stevens RFP) and the opportunity could be made available to more applicants.

On Wednesday, I am holding a neighborhood meeting about a proposed beverage production facility at 1401 Northern Court

The two proposed ordinances were requested by CCOC as a result of policy questions raised during reconsideration of 418 Division St. CCOC asked the City Attorney to add language requiring proof that the developer has taken decisive action and to address the short window of time that residents have to submit a protest petition.

Under Robert's Rules of Order, a motion to reconsider is not in order if a party has changed their position or taken action that cannot be reversed, in reliance on the original action. Robert's Rules of Order Newly Revised (RONR), 11th ed. This ordinance requires that any person claiming that a motion to reconsider is not in order based on this part of Robert's Rules present "clear and sufficient evidence" to the Council to support the objection.

Currently, Sec. 28.182(5)(c)4.c.,MGO, requires that a protest petition be filed by noon on the Thursday preceding final Common Council consideration of a zoning map amendment. This ordinance changes that deadline to noon on the Monday before final Common Council consideration. This will allow individuals wishing to protest a zoning map amendment three additional days to compile their petition. With this change, it becomes necessary to also change the deadline for withdrawing a protest petition. This ordinance allows the withdrawal of a protest petition until noon on the day of final Common Council consideration. While this ordinance gives petitioners more time to file a petition, it gives staff less time before the Common Council meeting to determine if the petition is valid. Accordingly, this change could result in more referrals if staff is unable to evaluate a petition that is filed the day before the council meeting.

Tuesday March 7

Common Council presentation: City Engineering Presentation: Sewer Rate Study

When the Common Council approved the 2016 Sanitary Sewer Rate Charges, they directed the Sewer Utility to examine: "whether a 'progressive' residential rate structure that will incrementally charge higher rates for greater users of the service (i.e. the charge for volume) could be implemented in 2017 and whether such a rate structure would be reasonable and not unjustly discriminatory." The City Engineer hired a consultant specializing in this area – Raftelis Financial Consultants, Inc. of Kansas City. The study has concluded and Thomas Beckley, Senior Manager with Raftelis will present the findings and recommendations of the study, along with staff from City Engineering. The study results are being presented, in conjunction with the proposed 2017 Sanitary Sewer Rate Charges.

Caleb Percevecz and Danny Mijal emailed me after the ALRC denied their Class B combo and informed me that they plan on moving forward with the Hail Mary without a liquor license but plan to reapply.... "We strongly feel the east side of Madison is lacking is a sports scene and we believe that this is a perfect fit for the neighborhood and the surrounding community. We thank you and look forward to continue working with you."

34. 45968 Authorizing the City to execute an agreement with BKM Group, LLC to conduct food and beverage concession sales (alcoholic and non-alcoholic) and selling supporting merchandise at Olbrich Park from the years of 2017-2023.
37. 45810 Authorizing the Mayor and City Clerk to enter into an agreement with Meyer, Scherer & Rockcastle, Ltd. to provide professional architectural/engineering design services and construction administration services for the design and construction of the Olbrich Botanical Gardens Expansion - Project 1.?

45662 Approve the Connect Madison Economic Development Strategy as the City's Economic Development Plan and to direct City Staff and the Economic Development Committee to move forward with implementation.

INTRODUCTION OF NEW BUSINESS FOR REFERRAL WITHOUT DEBATE CHARTER ORDINANCES

73. 46377 CHARTER ORDINANCE - Repealing Section 3.14(4)(a) through (j) of the Madison General Ordinances to restructure the Department of Transportation

78. 46345 Creating Section 9.13(12) of the Madison General Ordinances to establish the Top of State Vending Overlay District.

This is apparently the new approach to the "sit/lie" ordinance.

79. 46376 Repealing Sections 3.14(1) through (3) and 3.14(4)(k) through 3.14(11) of the Madison General Ordinances to update the Department of Transportation Department ordinance.

86. 46296 Amending the 2017 Capital Budget of Stormwater Utility and Authorizing the City of Madison, through the City Engineer, to accept Dane County Urban Water Quality grant awards in the amounts of $475,000 for the Starkweather Creek Stormwater Treatment Project.

103. 46360 Authorizing the City to execute a use agreement with Rutabaga Paddlesports LLC to conduct rental, instructional, non-alcoholic concession and other recreational activities at the Olbrich Park Beach House for the years 2017-2023.

108. 46407 BY TITLE ONLY - Accepting the Final Report and Recommendations from the CCOC Subcommittee on Police & Community Relations.

10 46360 Authorizing the City to execute a use agreement with Rutabaga Paddlesports LLC to conduct rental, instructional, non-alcoholic concession and other recreational activities at the Olbrich Park Beach House for the years 2017-2023. RETURN TO LEAD WITH THE RECOMMENDATION FOR APPROVAL TO THE BOARD OF ESTIMATES

12 41986 Requiring the City Forestry Division to evaluate the treatment of ash trees under powerlines on the same basis as other terrace trees and provide treatment accordingly with the goal of maintaining a street tree canopy in Madison's older neighborhoods. RETURN TO LEAD WITH THE RECOMMENDATION FOR APPROVAL TO THE SUSTAINABLE MADISON COMMITTEE

18 46408 Request from Big Top Events for an Additional Concert at Breese Stevens Field in Partnership with the Madison Parks Foundation. RECOMMEND APPROVAL contingent on the Parks Superintendent receiving and reviewing the official input from the Tenney-Lapham Neighborhood Association from their March 9, 2017 meeting.

19 45755 To commemorate the 47th anniversary of Earth Day on April 22nd, proclaim April 22nd as Earth Day Challenge Day, and endorse and encourage citizen participation in the clean-up events at City of Madison Parks. (All ADs) RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER

Wednesday March 8

Neighborhood meeting

7p 1401 Northern Court

Please join me for a neighborhood meeting where we will hear about Hastings Cameron's proposal to open a beverage production facility with a tasting room at 1401 Northern Ct. Cameron's facility will have federal and state licensing comparable to the neighboring Stateline Distillery, but will not initially be engaged in fermentation and distillation: before bottling, the core products (liqueurs, cordials and vermouth) will be made by maceration (infusion) & filtration: combining wine & produce with spirits produced by local and regional distilleries.
Cameron needs a conditional use permit from the Plan Commission to operate this production facility and tasting room in the TE zoning district.
Per state statute a distillery & rectifier is not required to hold a municipal alcohol license.?Thursday March 9

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